General terms of Passionflower Yoga
WAIVER AND RELEASE OF LIABILITY
In consideration of the risk of any physical, moral or material injury which may or could
occur while participating in any or all Passionflower Yoga Inc. classes or related activities
(hereinafter referred to as the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Passionflower Yoga Inc., their affiliates, managers, employees, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any direct or indirect physical, moral or material injury, that I may suffer as a direct or indirect result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM
PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL, MORAL OR MATERIAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I agree to indemnify and hold harmless Passionflower Yoga Inc. against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Passionflower Yoga Inc. incurs any of these types of expenses, I agree to reimburse Passionflower Yoga Inc.
I acknowledge that Passionflower Yoga Inc. and their directors, officers, volunteers,
representatives, employees and agents are not responsible for errors, omissions, acts or
failures to act of any party or entity conducting a specific event or activity on behalf of
Passionflower Yoga Inc. I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, or property loss. The risks may include, but are not limited to, those caused by facilities, temperature, lack of hydration, condition of participants, equipment, and actions of others.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND
FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO
RELEASE AND DISCHARGE PASSIONFLOWER YOGA INC. AND ALL OF ITS AFFILIATES,
MANAGERS, EMPLOYEES, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST PASSIONFLOWER YOGA INC. FOR ANY OR ALL PERSONAL, PHYSICAL, MORAL OR MATERIAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Passionflower Yoga Inc., its agents, and employees.Without limiting the generality of the foregoing, in the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I acknowledge that:
i) all of the terms and conditions of this Waiver and Release of Liability are set out
herein in their entirety (that is, are the entire agreement), but, for clarity, all rights
and obligations under other contracts not mentioned herein shall continue in full
force and effect as prescribed thereunder;
ii) the execution of this Waiver and Release of Liability has not been induced by, nor
have I relied upon, any representation, warranty, condition or agreement, whether
written or oral, other than as expressly set out or referred herein;
iii) I have been afforded an opportunity to independently review this Waiver and
Release of Liability and to obtain independent legal advice regarding the matters set
forth above;
iv) I fully understand this Waiver and Release of Liability and execute it freely and
voluntarily;
v) this Waiver and Release of Liability shall be construed in accordance with the laws
of the Province of Ontario, Canada, and any federal laws applicable therein. I shall
attorn to the exclusive jurisdiction of the courts of the Province of Ontario, Canada,
for any matter that herein arises;
vi) this Waiver and Release of Liability may be executed and delivered electronically
and such delivery shall be deemed to be a fully executed original and shall constitute
valid and effective execution and delivery;
vii) in the event that any provision or portion of any clause of this Waiver and
Release of Liability shall be held invalid, illegal, or unenforceable under any
applicable law, said provision or portion shall, to the greatest extent possible, be
read down and interpreted so as to limit or eliminate any such invalidity, illegality, or
unenforceability. Notwithstanding the foregoing, to the extent that any such
invalidity, illegality or unenforceability persists in any provision or portion of any
clause of this Waiver and Release of Liability, same shall not affect the validity,
legality, or enforceability of the remainder of this Waiver and Release of Liability;
viii) this Waiver and Release of Liability and all related documents, including notices
and other communications, be drawn up in the English language only. Il est la
volonté expresse des parties que cette convention et tous les documents s’y
rattachant, y compris les avis et les autres communications, soient rédigés et signés
en anglais seulement.
In consideration of the risk of any physical, moral or material injury which may or could
occur while participating in any or all Passionflower Yoga Inc. classes or related activities
(hereinafter referred to as the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Passionflower Yoga Inc., their affiliates, managers, employees, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any direct or indirect physical, moral or material injury, that I may suffer as a direct or indirect result of my participation in the aforementioned Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM
PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL, MORAL OR MATERIAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I agree to indemnify and hold harmless Passionflower Yoga Inc. against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Passionflower Yoga Inc. incurs any of these types of expenses, I agree to reimburse Passionflower Yoga Inc.
I acknowledge that Passionflower Yoga Inc. and their directors, officers, volunteers,
representatives, employees and agents are not responsible for errors, omissions, acts or
failures to act of any party or entity conducting a specific event or activity on behalf of
Passionflower Yoga Inc. I acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, or property loss. The risks may include, but are not limited to, those caused by facilities, temperature, lack of hydration, condition of participants, equipment, and actions of others.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND
FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO
RELEASE AND DISCHARGE PASSIONFLOWER YOGA INC. AND ALL OF ITS AFFILIATES,
MANAGERS, EMPLOYEES, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST PASSIONFLOWER YOGA INC. FOR ANY OR ALL PERSONAL, PHYSICAL, MORAL OR MATERIAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Passionflower Yoga Inc., its agents, and employees.Without limiting the generality of the foregoing, in the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I acknowledge that:
i) all of the terms and conditions of this Waiver and Release of Liability are set out
herein in their entirety (that is, are the entire agreement), but, for clarity, all rights
and obligations under other contracts not mentioned herein shall continue in full
force and effect as prescribed thereunder;
ii) the execution of this Waiver and Release of Liability has not been induced by, nor
have I relied upon, any representation, warranty, condition or agreement, whether
written or oral, other than as expressly set out or referred herein;
iii) I have been afforded an opportunity to independently review this Waiver and
Release of Liability and to obtain independent legal advice regarding the matters set
forth above;
iv) I fully understand this Waiver and Release of Liability and execute it freely and
voluntarily;
v) this Waiver and Release of Liability shall be construed in accordance with the laws
of the Province of Ontario, Canada, and any federal laws applicable therein. I shall
attorn to the exclusive jurisdiction of the courts of the Province of Ontario, Canada,
for any matter that herein arises;
vi) this Waiver and Release of Liability may be executed and delivered electronically
and such delivery shall be deemed to be a fully executed original and shall constitute
valid and effective execution and delivery;
vii) in the event that any provision or portion of any clause of this Waiver and
Release of Liability shall be held invalid, illegal, or unenforceable under any
applicable law, said provision or portion shall, to the greatest extent possible, be
read down and interpreted so as to limit or eliminate any such invalidity, illegality, or
unenforceability. Notwithstanding the foregoing, to the extent that any such
invalidity, illegality or unenforceability persists in any provision or portion of any
clause of this Waiver and Release of Liability, same shall not affect the validity,
legality, or enforceability of the remainder of this Waiver and Release of Liability;
viii) this Waiver and Release of Liability and all related documents, including notices
and other communications, be drawn up in the English language only. Il est la
volonté expresse des parties que cette convention et tous les documents s’y
rattachant, y compris les avis et les autres communications, soient rédigés et signés
en anglais seulement.